Hyperlawhypertext legal database New York Board of Fire Underwriters v. Higgins 198 N.Y. 634

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New York Board of Fire Underwriters v. Higgins

198 N.Y. 634 Court N.Y. Decision date 1910-05-31 English

Judges Concur: Haight, Werner, Willard Bartlett, Hiscook and Chase, JJ.; Cullen, Ch. J., concurs on the ground that while the marine policies of defendant do not fall within the statute, the automobile policies do.

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Majority

p. 634
The New York Board of Fire Underwriters, Respondent, v. A. Foster Higgins et al., Doing Business as Higgins & Cox, Appellants.

Headnote

FT. Y. Bowrd of Fire Underwriters v. Higgins, 130 App. Div. 78 , affirmed.
(Argued Hay 13, 1910;
decided May 31, 1910.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 16, 1909, in favor of plaintiff, upon the submission of a controversy, under section 1279 of the Code of Civil Procedure, as to whether the defendants are liable for a penalty in failing to make return to the plaintiff as to insurance premiums received by them as attorneys in fact of the “ United States Lloyds.”
Archibald Q. Thacher for appellants.
David liumsey and John 8. Sheppard, Jr., for resjiondent.

Judgment affirmed, with costs; no opinion.

Concur: Haight, Werner, Willard Bartlett, Hiscook and Chase, JJ.; Cullen, Ch. J., concurs on the ground that while the marine policies of defendant do not fall within the statute, the automobile policies do.